The Democratic Alliance (DA) has taken legal action to challenge the newly passed Expropriation Act, claiming that it is unconstitutional and flawed in its procedures. The party has filed a lawsuit at the Western Cape high court, seeking to have the law declared invalid in its entirety.
In the court documents, DA federal council chairperson Helen Zille highlighted several procedural irregularities in the passage of the Act. She pointed out that some provinces in the National Council of Provinces (NCOP) voted in favor of the legislation without obtaining proper mandates from their provincial legislatures. According to Zille, this violates the constitutional requirement that at least five provinces must support a bill for it to be passed by the NCOP.
The legal challenge also focuses on specific provisions of the Act, particularly the requirement for landowners to approach a court within 180 days of receiving a notice of expropriation. The DA argues that this timeline is unreasonable and restricts property owners’ ability to challenge expropriations effectively.
The Expropriation Act has been a contentious issue, with the DA accusing the ruling African National Congress (ANC) of attempting to implement expropriation without compensation through the legislation. The Act has also drawn criticism from international quarters, with former US President Donald Trump halting aid to South Africa in response to what he described as human rights violations.
Despite the legal challenge, President Cyril Ramaphosa signed the Act into law in December 2024, disregarding advice from DA Public Works Minister Dean Macpherson, who deemed the bill unconstitutional. The DA’s legal action comes amidst tensions in the government of national unity, with the party accusing the ANC of pushing through legislation that reflects its own ideological agenda.
In response to the DA’s challenge, the presidency stated that South Africa is a constitutional democracy governed by the rule of law, and such matters are to be decided by the courts in the event of a dispute. The legal battle over the Expropriation Act underscores the ongoing debate over land reform and property rights in the country.
